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Child Support Modification Retroactive?

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tb2010

Junior Member
What is the name of your state (only U.S. law)? GA

I was just served papers yesterday to attend a 30 day status conference for a petition to modify court order.

Children are all now adults, ages 21, 20 and 18. My separation agreement states:
Said child support payments shall continue until each of the children reaches the age of 18, marries, enters the Armed Services, dies or otherwise becomes self-supporting, whichever event shall occur first, provided the child has completed high school or college. Not withstanding the foregoing, when any child ceases to live with the wife or reaches the age of 18 and is no longer enrolled in high school, the husband may petition the court for modification of child support consistent with the changed conditions.

The last support check that I cashed was the day of my younest's 18th birthday.

It states in what I just received that the Petitioner is requesting reimbursement for child support payments received which she was not otherwise entitled.

Reimbursement for oldest child since she moved out 8/07 and the middle child since she moved out 8/08.

He has never requested a modification in the 12 years we've been apart. This all began taking place within a week or two of youngest turning 18 and moving out. I have received 3 support checks since and I have copied them and returned them to his employer.

Can you get a reimbursement from a modification order for child support? That seems retroactive to me and doesn't make sense.
Is there a time limit on which you can ask for a modification? In other words, he's asking for something that he could have or should have asked for 3 years ago for one and 2 years ago for another.
Also, my percentage that I was receiving for 3 children was 28%. IF this happens in his favor, wouldn't they have to determine a figure for him to have paid for the one child that was left. In GA the percentage for one is 17-23%.
 


mistoffolees

Senior Member
It's not likely that he's going to get a retroactive modification. It was up to him to request a change in the court order when the kids hit the trigger points.

Don't ignore it, though. If there's a lot of money involved, I'd get an attorney.
 

Gracie3787

Senior Member
What is the name of your state (only U.S. law)? GA

I was just served papers yesterday to attend a 30 day status conference for a petition to modify court order.

Children are all now adults, ages 21, 20 and 18. My separation agreement states:
Said child support payments shall continue until each of the children reaches the age of 18, marries, enters the Armed Services, dies or otherwise becomes self-supporting, whichever event shall occur first, provided the child has completed high school or college. Not withstanding the foregoing, when any child ceases to live with the wife or reaches the age of 18 and is no longer enrolled in high school, the husband may petition the court for modification of child support consistent with the changed conditions.

The last support check that I cashed was the day of my younest's 18th birthday.

It states in what I just received that the Petitioner is requesting reimbursement for child support payments received which she was not otherwise entitled.

Reimbursement for oldest child since she moved out 8/07 and the middle child since she moved out 8/08.

He has never requested a modification in the 12 years we've been apart. This all began taking place within a week or two of youngest turning 18 and moving out. I have received 3 support checks since and I have copied them and returned them to his employer.

Can you get a reimbursement from a modification order for child support? That seems retroactive to me and doesn't make sense.
Is there a time limit on which you can ask for a modification? In other words, he's asking for something that he could have or should have asked for 3 years ago for one and 2 years ago for another.
Also, my percentage that I was receiving for 3 children was 28%. IF this happens in his favor, wouldn't they have to determine a figure for him to have paid for the one child that was left. In GA the percentage for one is 17-23%.
Since your order was very specific that your ex could file for a modification at the time each child emanciapted , no he shouldn't be able to get reimbursed for the overpayments.
When you go to the conference bring a copy of your court order with you highlighting the portion regarding ex's right to file at the time of change.
 

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